DENY and Opinion Filed December 30, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01361-CV
IN RE HOWARD HOLLAND, Relator
Original Proceeding from the 422nd Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 29317D-422
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Schenck
In his petition for writ of mandamus, relator asks us to compel the trial court
to rule on his writ of habeas corpus filed on May 26, 2022. We deny relief.
To obtain mandamus relief, relator must file a sufficient record establishing
his right to a writ of mandamus. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)
(orig. proceeding). To create a sufficient record, rule 52.3(k) requires relator to file
an appendix that contains “a certified or sworn copy of any order complained of, or
any other document showing the matter complained of.” TEX. R. APP. P.
52.3(k)(1)(A). Rule 52.7(a) requires relator to file “a certified or sworn copy of every
document that is material to the relator’s claim for relief that was filed in any
underlying proceeding.” TEX. R. APP. P. 52.7(a)(1).
To qualify as sworn copies, relator must submit an affidavit or unsworn
declaration conforming to section 132.001 of the Texas Civil Practice and Remedies
Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 132.001; In re Butler, 270 S.W.3d
757, 759 (Tex. App.—Dallas 2008, orig. proceeding). An inmate’s unsworn
declaration must state under penalty of perjury that the documents are true and
correct copies of the originals. See In re Hughes, 607 S.W.3d 136, 138 n.2 (Tex.
App.—Houston [14th Dist.] 2020, orig. proceeding).
In his unsworn declaration, relator states that he does “hereby certify that the
information contained herein as ‘Exhibit’ is a true and correct restatement of the
summary of the records filed and/or recorded in the following files . . . .” We
conclude that this language is insufficient to render the record sworn as required by
the Texas Rules of Appellate Procedure. Accordingly, we deny the petition for writ
of mandamus without prejudice. See TEX. R. APP. P. 52.8(a).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
221361F.P05
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